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AgdaPkt 2003-06-30
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AgdaPkt 2003-06-30
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Last modified
6/2/2011 2:41:59 PM
Creation date
6/26/2003 2:33:30 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Special
Agency Type
City Council
Date
6/30/2003
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g. It is the intent hereof that the provisions of <br />subsections a through f, inclusive, of this Section 17 shall <br />survive the termination of the other operative provisions of this <br />Agreement and the issuance and /or recordation of the Certificate of <br />Completion. <br />Section 18,. Certificate of Completion. The Agency; <br />its successors and assigns, agree that upon the full compliance by <br />the Participating Owner with the terms of this Agreement which <br />pertain to the construction of the Project upon the Property, and <br />following (i) completion of the Project, (ii) the receipt by the <br />Agency of a written request from the Participating Owner for a <br />Certificate of Completion, and (iii) the issuance by the City of a <br />final Certificate of Occupancy for the entirety of the Project, the <br />Agency shall promptly provide and furnish to the Participating <br />Owner a Certificate of Completion, substantially in the form as <br />attached hereto as Exhibit "F ", certifying that the construction <br />and installation of the Project, as required pursuant to this <br />Agreement, has been completed to the satisfaction of the Agency, <br />its successors and assigns. Upon issuance of the Certificate of <br />Completion by the Agency, each of the covenants, restrictions, <br />warranties and conditions contained in this Agreement, other than <br />the covenants set forth in Section 17 hereof, which shall continue <br />for the periods indicated, shall be deemed to be satisfied. The <br />execution, issuance or recordation of a Certificate of Completion <br />shall not affect the applicability or enforcement of the <br />Affordability Covenants as set forth in the Declaration of <br />Affordability Covenants, the covenants as set forth in the <br />Declaration of Redevelopment Covenants, the Participating Owner's <br />obligation to repay the Promissory Note, or the enforceability of <br />the Deed of Trust. <br />Section 19. Successors and Assians; Assianment. The <br />provisions of this Agreement shall be binding upon and inure to the <br />benefit of the heirs, executors, administrators, successors and <br />assigns of the parties hereto. The Participating Owner shall not <br />assign, transfer or in any manner hypothecate any or all of the <br />rights and obligations of the Participating Owner under this <br />Agreement without the prior written approval and consent of the <br />Agency. <br />Section 20. Events of Default. "Event of Default ", <br />wherever used in this Agreement, means any one of the following <br />events (whatever the reason for such Event of Default and whether <br />it shall be voluntary or involuntary, or be effectuated by <br />operation of law pursuant to any judgment, decree or order of any <br />court or any order, rule or regulation of any administrative or <br />13 <br />
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